Can i file defamation case
duryodhan.hira
(Querist) 24 December 2012
This query is : Resolved
Hi experts,
Would like to know in my case can i file defamation case against my brother in law and sister in law, as some court cases are pending and during this period they have been giving articles on internet, sending letters to known friends and relatives against me and the judgements given by magistrate, in lower courts and filing false complaints to chief justice against the orders.
Are these grounds for defamation case and how can I get punish them?
Guest
(Expert) 25 December 2012
Show the letters to your lawyer and seek his opinion. Unless the content is perused nothing can be said.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
V R SHROFF
(Expert) 25 December 2012
If only facts , no defamation. If false accusation, then YES.
Nadeem Qureshi
(Expert) 25 December 2012
Dear Querist
Publication is a mandatory ingrident for Defamation.
Sudhir Kumar, Advocate 
(Expert) 25 December 2012
the matter stands published if conveyed to anyone other than applicant and defendant. But reporting of truth is no defamation.
K.K.Ganguly
(Expert) 25 December 2012
1. If he they have published anything either as an Article in internet or have sent such things through letters/emails to others which is not true and which has defamed you then you can file a defamation case,
2. In the same way you can also file a civil defamation suit claiming huge amount from them for which you won't have to pay any Court Fee.
Raj Kumar Makkad
(Expert) 31 December 2012
I differ with the opinion of Ganguly on both points. If facts of the case either by way of letter/mail/publication have been mentioned then there is no matter of defamation involved and against if a person files civil defamation, he needs to deposit court fee in the same manner as is done in suit for recovery.
K.K.Ganguly
(Expert) 31 December 2012
Makkd Sab,
1. If the matter published as facts is not true & such publication of incorrect incidence/matter claiming to be facts defames some body then it is defamation. I thing you also wrote the same thing,
2. Secondly, I made little mistake. The statement I made that Defamation Suit does not require any Court Fee is applicable if filed in West Bengal as per Sec.7(i) of W.B.Court-fees Act,1970.
Raj Kumar Makkad
(Expert) 31 December 2012
As the matter has duly been clarified then there is no scope of differentiation of opinion.
